TORONTO - Canadian auto parts magnate Frank Stronach will not spend time behind bars after being found guilty of indecent assault in an encounter that took place nearly 50 years ago, an Ontario judge said Thursday.
asserted
judge → spend → place
Ontario Superior Court Justice Anne Molloy capped off a day of legal submissions by telling the court that while she has not decided what sentence to impose on the billionaire businessman, she is “very firmly settled” in her mind that it will not be a jail term.
asserted
it → cap → mind
“I’m not going to order custody in the circumstances of this case for a man who’s 94 years old,” she said.
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she → go → man
“So I just want to remove that level of stress during the duration of my pondering.
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I → want → pondering
The judge is set to hand down the sentence in December.
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judge → set → December
Thursday’s hearing began with a statement from the complainant, who relayed the lasting effects of the 1977 encounter.
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who → begin → encounter
The woman, who cannot be identified under a standard publication ban, described feeling “ambushed” and “overpowered” by Stronach in his apartment, an experience she said shattered her sense of security and her trust in a man with whom she’d had a friendly relationship.
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she → identify → relationship
“My sense of safety in social settings was destroyed.
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sense → destroy → settings
This feeling of apprehension is ongoing,” she said.
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she → say → apprehension
“Recovering one’s comfort with people requires time and resilience, and it may never be complete.”
uncertain
it → recover → time
During trial, the woman testified she met Stronach at Rooney’s, the popular restaurant and nighttime complex he owned at the time, and agreed to accompany him to his apartment one evening after they’d had dinner together.
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they → testify → dinner
Once they were in the home, Stronach briefly disappeared, she testified.
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she → disappear → home
Then, she was pushed over the arm of an armchair and Stronach lifted up her skirt, she said.
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she → push → skirt
She told the court she could feel his erect penis against her underwear as if he were trying to penetrate them but she didn’t know if he had taken his clothes off.
The woman said she eventually stood up, grabbed her coat and purse and left without anyone saying a word.
uncertain
anyone → tell → word
At the time of the encounter, indecent assault still existed as a charge and was an indictable offence that carried a sentence of up to five years in prison, prosecutors said.
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prosecutors → exist → prison
It was then folded into the offence of sexual assault, which was created in 1983.
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which → fold → 1983
The Crown and the defence spent the day arguing what they believed was appropriate sentence for Stronach.
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they → spend → Stronach
Prosecutors sought a sentence of six months behind bars for Stronach as well as an order to add him to the sex-offender registry for 10 years.
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Prosecutors → seek → years
While decades have passed since the offence, “our ultimate submission is that people must be held to account for their conduct or else the court would in their sentencing decisions provide incentives for people to evade responsibility for their conduct for years,” prosecutor Jelena Vlacic said.
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Vlacic → pass → years
The “sudden and disorienting” nature of the indecent assault and the fact that it had an enduring impact on the complainant are aggravating factors in the case, as is the woman’s vulnerability due her 20-year age gap with Stronach, Vlacic said.
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Vlacic → aggravate → Stronach
Stronach’s lack of criminal record before the offence and his role as a high-profile business leader who for decades represented one of Canada’s biggest success stories are among the mitigating factors, she said.
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she → represent → factors
Vlacic argued, however, that the court should give limited weight to character reference letters from former employees and other supporters who state they never saw Stronach behave inappropriately toward women.
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Stronach → argue → women
“It’s not mitigating that he did not engage in inappropriate conduct in public view of many witnesses,” she said, noting sexual offences often take place in private.
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offences → ’ → place
Stronach’s defence lawyer, Leora Shemesh, argued the Crown’s position was “excessive” and imprisoning her client would do “absolutely nothing for society.”
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imprisoning → argue → society
The defence is asking for an absolute discharge and no registry order, arguing Stronach’s actions amount to the “least serious” offence on the spectrum of sexual assault considering no body parts were exposed and there was no touching of skin or attempt to prevent the complainant from leaving.
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parts → ask → complainant
Stronach has otherwise led an “unblemished life” with a long record of accomplishments and philanthropy, and has endured a “punitive” prosecution in the final chapters of his life, his lawyer argued.
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lawyer → lead → life
“His name and reputation has been literally dragged through the mud in media, in television, in print, in social media,” while his name has been removed from parks, hospital wings and other facilities, Shemesh said.
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Shemesh → drag → parks
“Whatever punishment the Ministry of the Attorney General is attempting to garner, that punishment has already been meted out,” she argued.
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she → attempt → General
“I’m not detracting from the actual offence or the conviction but that single incident from 50 year ago cannot detract, dismiss, or destroy a full life of service.”
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incident → detract → service
Thursday’s hearing took place even as prosecutors are challenging the judge’s decision to declare a rare post-verdict mistrial on Stronach’s sexual assault conviction.
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prosecutors → take → conviction
Stronach was found guilty in June of both indecent assault and sexual assault, which relate to separate allegations brought by two of the women in his Toronto criminal trial.
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which → find → trial
Weeks later, Molloy granted the mistrial on the sexual assault conviction after emails from the complainant’s lawyer in a separate civil case were presented in court.
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emails → grant → court
Stronach’s lawyer argued those emails told a story that was inconsistent with the woman’s testimony in the criminal trial.
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that → argue → trial
At the time, Shemesh told The Canadian Press that the court did not hear from the complainant before the judge made her decision.
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judge → tell → decision
The Crown’s appeal argues the guilty verdict on the sexual assault charge should be restored and the case sent back to Superior Court for sentencing.
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case → argue → sentencing
Stronach initially faced 12 charges related to allegations brought by seven complainants and dating as far back as the late 1970s.
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Stronach → face → 1970s
The Crown later withdrew one charge and agreed Stronach should be found not guilty on four more.
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Stronach → withdraw → four
Soon after, Molloy said she couldn’t convict Stronach on two charges related to one complainant whose evidence she deemed unreliable.
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she → say → complainant
Five charges related to three complainants remained, and Stronach was found guilty of two, until the mistrial was granted.
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mistrial → relate → two
He is set to stand trial before a jury in Newmarket, Ont., next year in a sexual assault case involving six complainants.
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He → set → complainants
…and 1 more, not listed.
The Aporia
